New bill on recalculating FUS pensions draws criticism from unions and insurance institution over potential legal inequalities and inadequate compensation.
New Rules Attempt to Address Constitutional Court Ruling
The project from June 4, 2025 concerns the rules for determining the amount of pensions from FUS for persons who, by June 6, 2012, submitted a benefit application under the rules provided for cohorts born before 1949. This is an attempt to implement the ruling of the Constitutional Court of June 4, 2024 (ref. SK 140/20), which questioned the constitutionality of Article 25 para. 1b of the pension act.
This provision required reducing the basis of the universal pension by the sum of previously received benefits, which – according to the Tribunal – violated the principle of citizen trust in the state and the protection of acquired rights.
“Solidarność”: Apparent Justice and Legal Chaos
The Presidium of the National Commission of NSZZ “Solidarność” negatively evaluated the project in decision no. 79/25. Although the union recognizes the need to remedy the effects of flawed legislation, it points out that the proposed solutions do not achieve the goal of restoring pension justice.
Reservations mainly concern the recalculation mechanism. The project proposes abandoning the reduction of capital by previously received pensions, but at the same time excludes the indexation of initial capital and contributions for the period of receiving an earlier benefit. According to the union, this may result in lower pensions.
OPZZ: A Step in the Right Direction, but with Serious Gaps
OPZZ also presented a critical position. The union supports the intention to remove the consequences of violating the principle of trust in the state, however, it points to significant shortcomings of the project.
One of the main criticisms is the omission of teachers retiring under Article 88 of the Teachers’ Charter. According to OPZZ, they found themselves in a similar situation as other cohorts covered by the regulation, yet they were not taken into account. The union also calls for an analysis of other professional groups, including miners.
ZUS: Errors in Dates and Risk of New Inequalities
The Social Insurance Institution (ZUS) also presented a detailed opinion on the project. The institution points to substantive errors and legislative inconsistencies.
ZUS draws attention to the anachronism in provisions regarding applications for partial retirement filed before June 2012, while the institution of partial retirement itself only came into force in 2013. The most serious reservation concerns the proposal to determine the amount of pension on the day of reaching the statutory retirement age.
Common Denominator of Criticism
Although the positions of “Solidarność”, OPZZ and ZUS differ in emphasis, all point to serious flaws in the project: lack of full compensation, risk of less favorable calculations, and legislative inconsistencies.
In the critics’ assessment, the current proposal, instead of definitively solving the problem of the effects of the unconstitutional provision, may lead to new legal disputes and a sense of unequal treatment among pensioners.
